Ask The Judge: Sentencing, Double Jeopardy

Editor's Note: As ongoing extended coverage of the Casey Anthony trial, WESH 2 News legal analyst Judge O.H. Eaton Jr. is answering questions about the case. Do you have a question you would like Eaton to answer? Click here to send it via email. Please include your name and city.

Mental Institution

Dear Judge Eaton: At sentencing, can Judge Perry rule that Casey Anthony spend the remainder of her sentence in a mental institution? -- Sunny

No. She has not been declared incompetent or insane, and she has spent nearly three years in jail, so with credit for time served and gain time for good behavior, she is about ready for release. I suspect she will be sentenced to the time she has served. -- Judge O.H. Eaton

Another Trial?

Dear Judge Eaton: Now that Casey Anthony has been found not guilty of murder, if there is any hard evidence found in the future proving she did murder her baby, can she be retried or is that considered double jeopardy? -- Mike

The double jeopardy clause of the Fifth Amendment of the U.S. Constitution provides, ?Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.? The state is forever barred from prosecuting Casey Anthony for any of the offenses arising from the charges contained in the indictment. -- Judge O.H. Eaton

Defamation Of Character

Dear Judge Eaton: If Casey Anthony is found guilty of defamation of character in regards to "Zanny," would there be a jail term, fine or both? -- Maria

The ?Zanny? suit is a civil action. The plaintiff is asking for monetary damages. -- Judge O.H. Eaton

Child Neglect

Dear Judge Eaton: Would you be so kind as to tell me if child neglect charges can still be brought against Casey Anthony after this travesty of a verdict in the murder trial? -- Marilyn, Santa Cruz, Calif.

The double jeopardy clause of the Fifth Amendment of the U.S. Constitution provides, ?Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.? The state is forever barred from prosecuting Casey Anthony for any of the offenses arising from the charges contained in the indictment. Child neglect charges would be charges arising from the charges contained in the indictment. -- Judge O.H. Eaton

Judge Override Jury?

Dear Judge Eaton: Can the judge of the Anthony case override the jury?s decision? -- Lori

No. The jury?s decision is final. The double jeopardy clause of the Fifth Amendment of the U.S. Constitution provides, ?Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.? The state is forever barred from prosecuting Casey Anthony for any of the offenses arising from the charges contained in the indictment. -- Judge O.H. Eaton

Guilty Verdicts

Dear Judge Eaton: I noticed Judge Perry did not go through counts 4 through 7 separately when adjudicating. He only adjudicated her guilty once for all four. Could this be a valid argument for concurrent sentences? -- Tim, Frederick, Md.

The reading of the verdict forms is a formality. The judge has the discretion to impose concurrent or consecutive sentences on the four misdemeanor charges. However, she has already served nearly three years in jail, so with credit for time served and gain time for good behavior, she is about ready for release. I suspect she will be sentenced to the time she has served. -- Judge O.H. Eaton

MORE: Extended CoverageSTAY UPDATED: Casey iPhone App

Fines For Casey?

Dear Judge Eaton: Can she be fined or made to reimburse the state for money and resources expended as a direct result of her providing misleading information to law enforcement? -- Julie, Los Angeles, Calif.

The question of how much money can be taxed as costs depends upon the evidence of how much time and effort was spent on the four misdemeanor charges. She was found not guilty of the main charges, so I doubt the court has the authority to tax costs for those charges. -- Judge O.H. Eaton

Jury Discussion

Dear Judge Eaton: If it is found that the jurors, including the alternates, discussed the case before the judge handed them the case for deliberations, could the prosecution ask for a mistrial? -- Salem

Juror misconduct will not change the verdict. Juror misconduct only becomes an issue if there is a guilty verdict. -- Judge O.H. Eaton

Deputies With Jury

Dear Judge Eaton: How did the deputies ensure that the jurors did not sneak in cell phones or iPads into their hotel rooms? -- Sarah

The jurors were given careful instructions by the court on how to conduct themselves. Cell phones and iPads etc. were collected by the sheriff and returned to the jurors to communicate with their family under the sheriff?s supervision. The court presumes that jurors will comply with court instructions. -- Judge O.H. Eaton

Investigation Continuing?

Dear Judge Eaton: Will the investigation of the death of Caylee Anthony continue? -- Cathy, Winter Park, Fla.

Probably not. You would have to contact Sheriff Demmings for a definite answer. -- Judge O.H. Eaton

The double jeopardy clause of the Fifth Amendment of the U.S. Constitution provides, ?Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.? The state is forever barred from prosecuting Casey Anthony for any of the offenses arising from the charges contained in the indictment. The state cannot appeal because the appellate court cannot grant relief from the verdict. -- Judge O.H. Eaton

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